Elekta recieves favorable ruling in us patent dispute

ELEKTA RECIEVES FAVORABLE RULING IN US PATENT DISPUTE

On Monday, September 22, 2003 the United States Court of Appeals for the

Federal Circuit vacated the $24 million September 10, 2002 judgment

entered against Elekta after a trial in the United States District Court

for the Southern District of California.

The appeals court's decision absolves Elekta of all liability.

The trial court had ruled that certain Elekta software products

infringed two US patents held by Medical Instrumentation and Diagnostics

Corporation (Midco).

The appeals court ruled that the District Court had erred because none

of the Elekta products infringed the Midco patents. The appeals court

remanded with instructions that the trial court enter judgment in favor

of Elekta with respect to all products.

The appeals court also ruled that the trial court erred when it

dismissed Elekta's defense of invalidity and that Elekta had offered

sufficient evidence that the patents were invalid. The court remanded

the issue of invalidity to the trial court, where, if Elekta chooses, it

may still have the opportunity to invalidate Midco's patents.

Midco may, within ten days, petition the Federal Circuit for

reconsideration of the decision. Midco may also file a petition for

certiorari with the United States Supreme Court. Grant of either remedy

is unusual.

The full opinion of the court can be found at

www.fedcir.gov/dailylog.html, docket no. 03-1032.

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